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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-20-2018, 06:02 PM
Fatherof1 Fatherof1 is offline
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Exclamation OCL involvement denied by judge

In a nutshell here is my case:

Have had joint custody order and physical joint custody for over 2 years.
Model parent, involved in S9's schooling, extracurricular, basically everything.
Have had a stable home with child since separation, ex has moved around 3 times.
Ex married her affair partner, had a child and is preg again.
S9 has gone to the same school for years now, doing great, has a large extended family here in Toronto.


Ex wants to move him to the US, where hubby is from and has a family business at. Has made many false allegations about my parenting/living environment, none of which are true.

Ex is seeking sole custody to reduce my time and then make the move.




Sooooooooooo, had first case conference, judge was clueless, clearly didn't read our briefs. Judge denied both parties request to have the OCL involved, simply because she said it would take too long for them to become involved.


I was hoping for the OCL to be involved and see that everything she has said is a lie and it is not in our sons best interests to uproot him from everything in his life.


How much will not having the OCL involved hurt me?


I have much proof to show that she is lying, but was hoping for expert testimony.


Thanks in advanced.
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Old 09-20-2018, 08:14 PM
PeacefulMoments PeacefulMoments is offline
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Letgoandletgod, ( I apologize if this is not you)

OCL does take several months at least, it may be too long to assist in a relocation case.

Wouldnít your ex have a high hurdle to jump proving itís in kidís best interest to move out of the country? I believe the burden is on her to prove why the move should be allowed.
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Old 09-20-2018, 09:09 PM
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plainNamedDad44 plainNamedDad44 is offline
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No judge in their right mind will allow one joint custodial parent to move a child away from the other, unless she proves that your sheer evil.
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Old 09-20-2018, 09:11 PM
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plainNamedDad44 plainNamedDad44 is offline
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Try again to get the OCL involved by 14B.
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Old 09-20-2018, 09:28 PM
Fatherof1 Fatherof1 is offline
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Quote:
Originally Posted by PeacefulMoments View Post
Letgoandletgod, ( I apologize if this is not you)

OCL does take several months at least, it may be too long to assist in a relocation case.

Wouldnít your ex have a high hurdle to jump proving itís in kidís best interest to move out of the country? I believe the burden is on her to prove why the move should be allowed.

Yes that is me, thanks for your input. Well I would assume so yes, she's fighting an uphill battle. She also has bi-polar disorder. He has no biological family over there, all of them are here.
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Old 09-20-2018, 09:29 PM
Fatherof1 Fatherof1 is offline
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Quote:
Originally Posted by plainNamedDad44 View Post
Try again to get the OCL involved by 14B.

Thanks for your perspective, I hope you're right. The 14b form says "Acceptance of Offer to Settle", not sure if I'm looking at the right form. Have any of you dealt with the OCL before?
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Old 09-20-2018, 11:29 PM
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plainNamedDad44 plainNamedDad44 is offline
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Quote:
Originally Posted by Fatherof1 View Post
Thanks for your perspective, I hope you're right. The 14b form says "Acceptance of Offer to Settle", not sure if I'm looking at the right form. Have any of you dealt with the OCL before?
14B is a procedural motion. your looking at the wrong form. The OCL was involved in my matter from 2013 to 2017. 4 years. Its because of them my 4 children live with me full time.
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Old 09-21-2018, 12:27 AM
Fatherof1 Fatherof1 is offline
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Quote:
Originally Posted by plainNamedDad44 View Post
14B is a procedural motion. your looking at the wrong form. The OCL was involved in my matter from 2013 to 2017. 4 years. Its because of them my 4 children live with me full time.

Oh thx for clearing that up. I'm not sure where I stand. Judging on what many have said on this board, the OCL doesn't sound like the great thing I initially thought.


This 14B form, wouldn't it be tossed since the case conference judge already denied the request?
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Old 09-21-2018, 03:09 PM
Fatherofgirls Fatherofgirls is offline
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I don't think the OCL would help you here. I can only speak from my experience, but the OCL clinician didn't spend a lot of time researching anything. It was two 1 hour face to face meetings, one 40min observation with the kids. She called our daycare, doctor and contacted the school board. My impression was that the interviews were not in depth.

During my case conference, the judge didn't really seem to want to get involved. I got the impression that this was just a hoop to jump through, they varify that there is a case that isn't frivolous and they pass it on to the next stage.

I agree with the previous posters and from what I have read, believe that she would have to have a substantial case to justify the removal of the children from a situation that works to another country. I believe she would need to prove that there has been a material change to justify the change from the status quo and need to prove that the move would benefit the children. I think this would be an uphill climb for her.
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Old 09-21-2018, 03:39 PM
good_mom good_mom is offline
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And it is on her to prove this....keep being involved and make sure that if they were in x activity they stay in x activity. Nothing should change for the kids.

Good luck
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